Legal Question in Personal Injury in New York
Our sons friend who is 17 or 18 borrowed our snowmobile and hit a tree,he doesnt want to tell his parents and said he will pay for any damages, can we enter a verbal agreement with him to pay 700.00 , he can only afford to pay 60.00 every 2 weeks ? Do we need to contact his parents ?
2 Answers from Attorneys
It actually depends on whether he is 17 or 18. If he is under 18, any contract he enters into is voidable, meaning that he can cancel the agreement at any time before he turns 18. But you could just let him pay the $60 every two weeks and if he defaults on the payments, you could either tell his parents or file suit in small claims court for the unpaid balance of the damages. You don't need to sue under breach of contract -- just for his negligence in damaging your vehicle.
Good luck!
First thing you need to do is determine his actual age. If he is not yet 18 he is not capable of entering into a binding agreement. If you are going to do anything it should be in writing.
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